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Madhu Pal
Madhu Pal,
Category: Property Law
Satisfied Customers: 136
Experience:  Solicitor at HPLP Solicitors
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Can I or a Judge undo an HM Land Registry decision to a

Customer Question

Can I or a Judge undo an HM Land Registry decision to a change of ownership? I have just received it today
Submitted: 17 days ago.
Category: Property Law
Expert:  Madhu Pal replied 17 days ago.

Was this an order by a Court? Or how do you mean change ownership?

Customer: replied 17 days ago.
It was not an order by a Court. It was change by an admin team at HM Land Registry
Expert:  Madhu Pal replied 17 days ago.

Then yes it can be changed. What do want it changed from/to?

Customer: replied 17 days ago.
We want to change to our company name as we are the owner and have been for the past 17 years and there are legal disputes with the receiver who sold the house undervalue. Should we make an emergency application to the court today? It just happened today
Customer: replied 17 days ago.
We want to change to our company name as we are the owner and have been for the past 17 years and there are legal disputes with the receiver who sold the house undervalue. Should we make an emergency application to the court today? It just happened today.
Expert:  Madhu Pal replied 17 days ago.

Please clarify what you are changing from - to. E.g. exisiting company name to a new company name? Your individual names to a company name?

Customer: replied 17 days ago.
Our company name is***** which owns the freehold to a property 179 Gunnersbury Lane, London, England W3 8LJ. The receiver has sold the house privately, not by auction, for finance arrears. We have objected the sale to HM Land Registry, and we have asked for an extension of time to submit our objection. HM Land Registry refused our request for an extension of time and gave the TR2 form the go-ahead, and they have changed to ownership details of the property today to a different person called Kholood Niejem, who bought the house through the receiver. The title number of the property is NGL145202. There is also a court proceeding against the receiver and at the moment, due to the Coronavirus, it is still ongoing. The question is: can we apply to the court for an emergency application today to undo the changes that have appeared on the title register today as an objection of this sale?
Customer: replied 17 days ago.
Our company name is***** which owns the freehold to a property 179 Gunnersbury Lane, London, England W3 8LJ. The receiver has sold the house privately, not by auction, for finance arrears. We have objected the sale to HM Land Registry, and we have asked for an extension of time to submit our objection. HM Land Registry refused our request for an extension of time and gave the TR2 form the go-ahead, and they have changed to ownership details of the property today to a different person called Kholood Niejem, who bought the house through the receiver. The title number of the property is NGL145202. There is also a court proceeding against the receiver and at the moment, due to the Coronavirus, it is still ongoing. The question is: can we apply to the court for an emergency application today to undo the changes that have appeared on the title register today as an objection of this sale.?
Expert:  Madhu Pal replied 17 days ago.

If the sale was agreed by the Creditors and Court it is irrespective whether it was sold privately or by auction. The objection should have been put in place not with the Land Registry but with the receiver to object to the sale and the reasons for doing so. It sounds like it quite far progressed, despite there being a court order against the receiver. You can put in an application to the Land Registry but it is unlikely they will have power over this, you will need to instruct a solicitor and make a claim against why it was being sold without your consent in the first place. Hope his helps.

Customer: replied 17 days ago.
We have objected the sale to the receiver, and there was no court order to execute the sale. The sale was never agreed between the receiver and the court. The case was simply dismissed on 28/02/2020, but there was no order to state that the sale should go ahead. Kyclades Limited appealed this on 19/03/2020 to the Court of Appeal seeking permission to appeal the lower court's decision to the Court of Appeal, and due to Coronavirus, it is still pending. In the appeallant notice, we asked for an order to suspend the TR2 form pending the outcome of the Court of Appeal i.e. wether or not permission to appeal was granted. Can we put an emergency application today to undo the HM Land Registry's decision to change the ownership from Kholood Niejem back to Kyclades Limited, or to put a stop subject to a trial?
Expert:  Madhu Pal replied 17 days ago.

As mentioned, you can however I do not think it will be accepted. The Land Registry do not make "decisions", they simply carry out registration formalities from the instructions they receive. So if you put in an application it will probably be rejected, not because they have made a decision to reject it but because there is not enough evidence to undo the application already done.

Customer: replied 17 days ago.
We have asked for an extension of time to give details of the objection, but HM Land Registry refused to give an extension of time for us to give our full grounds of objection, even under these circumstances with the lockdown which is the reason we requested a 3 week extension of time on Thursday 14/05/2020, and they have changed the title register within a few days.
Expert:  Madhu Pal replied 17 days ago.

That is probably because the application was already submitted. You can submit an emergency application as you say considering you only got the letter today, and see what they say.

Customer: replied 17 days ago.
Which application should we submit today? Is it an N244? Also, what order would we be seeking from the judge to make?